Alabama Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


The Alabama Construction or Mechanics Lien Questionnaire is a detailed document designed to gather essential information related to construction lien claims in the state of Alabama. This questionnaire plays a crucial role in determining the validity and viability of a construction lien and helps streamline the lien filing process for contractors, subcontractors, suppliers, and other parties involved in the construction project. Key components covered in the Alabama Construction or Mechanics Lien Questionnaire include the identification of parties involved in the construction project, project information such as the owner's name and address, property description, general contractor and subcontractor details, and a detailed breakdown of the services or materials provided. Other important aspects covered include payment terms, work completion dates, total contract price, and any outstanding balances. It is worth noting that there are various types of Alabama Construction or Mechanics Lien Questionnaires tailored to specific project scenarios and parties involved. Some common types may include: 1. General Contractor Lien Questionnaire: This specific questionnaire is designed for general contractors filing a mechanics lien on a construction project. It requires the contractor to provide comprehensive information about the project, subcontractors, suppliers, payment terms, and any potential disputes or problems encountered. 2. Subcontractor Lien Questionnaire: This questionnaire is intended for subcontractors seeking to file a lien. It captures details regarding the subcontractor's work scope, delivery dates, payment terms, and any relevant contract modifications or change orders. 3. Material Supplier Lien Questionnaire: Material suppliers involved in a construction project can use this questionnaire to gather relevant information about the materials supplied, dates of delivery, payment terms, and any unresolved payment issues. 4. Owner's Lien Questionnaire: In cases where an owner anticipates potential lien claims, this questionnaire allows the property owner to collect essential information regarding all parties involved, including general contractors, subcontractors, and suppliers. It is often used as a preventive measure to mitigate the risks associated with mechanics lien claims. By tailoring the questionnaire to fit different roles and responsibilities within a construction project, parties involved can ensure that all necessary information is collected accurately and efficiently. This helps facilitate the mechanics lien filing process and provides clarity and transparency to all parties involved in resolving any potential disputes.

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FAQ

Only a handful of states have a Notice of Intent to Lien (NOI) requirement, and Alabama is one of them. An Alabama NOI, also referred to as a Notice of Unpaid Balance, is required by all claimants who didn't contract directly with the owner prior to filling a Statement of Lien.

If the work being performed on a project requires a license, then the contractor or subcontractor should have the required licensing in order to legally assert a mechanic's lien. Alabama requires subcontractors and materialmen to deliver a notice of their intent to file a lien to the owner before filing the lien.

An action to enforce a mechanics lien in Alabama must be filed within 6 months after the debt becomes due (the amount becoming due is defined as the date the last item of work or labor has been performed). This is the same deadline as the time in which a GC must file the lien itself.

Original contractors must file the verified statement of lien within six months after the last of item of work has been furnished. Ala. Code § 35-11-215 (1975).

Any action for the enforcement of the lien declared in this division must be commenced within six months after the maturity of the entire indebtedness secured thereby, except as otherwise provided in this division.

How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.

A verifying statement of lien must be filed in the office of the Judge of Probate of the county where the subject property is located. Ala. Code § 35-11-213. When the property is located in more than one county, the verified statement must be filed in each county where the land is located.

If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.

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May 25, 2023 — Understand Alabama mechanics lien laws, deadlines, and notice requirements on private construction projects, including free forms. Jul 20, 2017 — A step by step guide to filing a mechanics lien in Alabama | Mechanics liens are powerful tools to prompt payment for construction companies.In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, ... Oct 3, 2020 — As far as asserting a mechanic's lien against a private project, Alabama's lien ... On the other hand, original contractors are required to file ... Sep 9, 2020 — Alabama generally requires two preliminary notices from construction parties: the Notice to Owner and the Notice of Unpaid Lien. Dec 13, 2017 — Unlike most other states, general contractors in Alabama are not required to give a preliminary notice before filing a mechanic's lien. However, ... Ala. Code § 35-11-210. ▫Otherwise lien limited to unpaid balance due contractor by owner. The deadline to file an Alabama mechanics lien is dependent upon the status of the lien claimant, and contingent upon first providing notice to the property. Sep 27, 2019 — Laborers: File the lien within 30 days from last furnishing labor. Who Has Priority in Alabama: Lender or Lien Claimant? Authors Madeline Hughes ... Jul 28, 2022 — A mechanic's lien is when a contractor submits a claim to the Alabama Department of Revenue for not being paid on a project. Read on to know ...

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Alabama Construction or Mechanics Lien Questionnaire